Text: HF00594 Text: HF00596 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 595 1 2 1 3 AN ACT 1 4 RELATING TO CERTAIN VOLUNTARY ANNEXATIONS AND TO INVOLUNTARY 1 5 ANNEXATIONS AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 368.1, Code 2003, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 10A. "Public land" means land owned by 1 12 the federal government, the state, or a political subdivision 1 13 of the state. 1 14 Sec. 2. Section 368.4, Code 2003, is amended to read as 1 15 follows: 1 16 368.4 ANNEXING MORATORIUM. 1 17 A city, following notice and hearing, may by resolution 1 18 agree with another city or cities to refrain from annexing 1 19 specifically described territory for a period not to exceed 1 20 ten years and, following notice and hearing, may by resolution 1 21 extend the agreement for subsequent periods not to exceed ten 1 22 years each. Notice of a hearing shall be served by regular 1 23 mail at least thirty days before the hearing on the city 1 24 development board,and on the board of supervisors of the 1 25 county in which the territory is located, and on all persons1 26owning land within the area subject to the agreementand shall 1 27 be published in an official county newspaper in each county 1 28 containing a city conducting a hearing regarding the 1 29 agreement, in any county within two miles of any such city, 1 30 and in an official newspaper of each city conducting a hearing 1 31 regarding the agreement. The notice shall include the time 1 32 and place of the hearing, describe the territory subject to 1 33 the proposed agreement, and the general terms of the 1 34 agreement. After passage of a resolution by the cities 1 35 approving the agreements, a copy of the agreement and a copy 2 1 of any resolution extending an agreement shall be filed with 2 2 the city development board within ten days of enactment. If 2 3 such an agreement is in force, the board shall dismiss a 2 4 petition or plan which violates the terms of the agreement. 2 5 Sec. 3. Section 368.7, subsection 1, Code 2003, is amended 2 6 to read as follows: 2 7 1. a. All of the owners of land in a territory adjoining 2 8 a city may apply in writing to the council of the adjoining 2 9 city requesting annexation of the territory. Territory 2 10 comprising railway right-of-way or territory comprising not 2 11 more than twenty percent of the land area may be included in 2 12 the application without the consent of the owner to avoid 2 13 creating an island or to create more uniform boundariesif a2 14copy of the application is mailed by certified mail to the2 15owner and each affected public utility, at least fourteen2 16business days prior to any action taken by the city council on2 17the application.The application must contain a legal2 18description and a map of the territory showing its location in2 19relationship to the city. An annexation including territory2 20comprising not more than twenty percent of the land area2 21without consent of the property owners is not complete without2 22approval by four-fifths of the members of the board after a2 23hearing for all affected property owners and the county.2 24 Public land may be included in the territory to be annexed. 2 25 However, the area of the territory that is public land 2 26 included without the written consent of the agency with 2 27 jurisdiction over the public land may not be used to determine 2 28 the percentage of territory that is included with the consent 2 29 of the owner and without the consent of the owner. 2 30 b. Prior to notification in paragraph "c", the annexing 2 31 city shall provide written notice to the board of supervisors 2 32 and township trustees of each county and township that 2 33 contains all or a portion of the territory to be annexed. The 2 34 written notice shall include the same information required in 2 35 paragraph "c" and shall set a time for a consultation on the 3 1 proposed annexation between the annexing city and each county 3 2 and township that contains all or a portion of the territory 3 3 to be annexed. The consultation shall be held at least 3 4 fourteen business days before the applications in paragraph 3 5 "c" are mailed. The governing body of each such county and 3 6 township may designate one of its members to attend the 3 7 consultation. Each such county and township may make written 3 8 recommendations for modification to the proposed annexation no 3 9 later than seven business days following the date of the 3 10 consultation. 3 11 Not later than thirty days after the consultation, the 3 12 board of supervisors of each county that contains all or a 3 13 portion of the territory to be annexed shall, by resolution, 3 14 state whether or not it supports the application or whether it 3 15 takes no position in support of or against the application. 3 16 If there is a comprehensive plan for the county, the board 3 17 shall take the plan into account when considering its 3 18 resolution. A copy of the resolution shall be immediately 3 19 filed with the annexing city and shall be considered by the 3 20 city council when taking action on the application. The city 3 21 council shall forward a copy of the resolution to the city 3 22 development board as part of the city proceedings on the 3 23 annexation. Failure of a board of supervisors to adopt a 3 24 resolution shall not delay the proceedings on the application 3 25 nor shall such failure be considered a deficiency either in 3 26 the application or in the annexing city's proceedings. 3 27 c. A copy of the application shall be mailed by certified 3 28 mail to the nonconsenting owner and each affected public 3 29 utility, at least fourteen business days prior to any action 3 30 taken by the city council on the application. The application 3 31 must contain a legal description and a map of the territory 3 32 showing its location in relationship to the city. 3 33 d. The city shall provide for a public hearing on the 3 34 application before approving or denying it. The city shall 3 35 provide written notice at least fourteen business days prior 4 1 to any action by the city council regarding the application, 4 2 including a public hearing, by regular mail to the chairperson 4 3 of the board of supervisors of each county which contains a 4 4 portion of the territory proposed to be annexed, each public 4 5 utility which serves the territory proposed to be annexed, 4 6 each owner of property located within the territory to be 4 7 annexed who is not a party to the application, and each owner 4 8 of propertywhichthat adjoins the territory to be annexed 4 9 unless the adjoining property is in a city. The city shall 4 10 publish notice of the application and public hearing on the 4 11 application in an official county newspaper in each county 4 12 which contains a portion of the territory proposed to be 4 13 annexed. Both the written and published notice shall include 4 14 the time and place of the public hearing and a legal 4 15 description of the territory to be annexed. The city may not 4 16 assess the costs of providing notice as required in this 4 17 section to the applicants. 4 18 e. An application for annexation under this subsection may 4 19 be withdrawn by an applicant at any time within three business 4 20 days after the public hearing unless the application was made 4 21 pursuant to a written agreement for the extension of city 4 22 services or unless the right to withdraw the application was 4 23 specifically identified and waived by the applicant in the 4 24 application. A landowner who has consented to the annexation 4 25 may, within three business days after the public hearing, 4 26 withdraw the landowner's consent to the annexation unless the 4 27 landowner has entered into a written agreement for extension 4 28 of city services or unless the right to withdraw consent was 4 29 specifically identified and waived by the landowner. 4 30 f. An annexation including territory comprising not more 4 31 than twenty percent of the land area without consent of the 4 32 property owners is not complete without approval by four- 4 33 fifths of the members of the city development board after a 4 34 hearing for all affected property owners and the county. When 4 35 considering such an annexation application, the board may 5 1 request that the annexing city provide information on the 5 2 amount of land located in the annexing city that is currently 5 3 vacant or undeveloped and whether municipal services are being 5 4 provided to current residents of the annexing city. 5 5 Sec. 4. Section 368.11, Code 2003, is amended by adding 5 6 the following new subsection: 5 7 NEW SUBSECTION. 14. In the case of an annexation, a plan 5 8 for extending municipal services to be provided by the 5 9 annexing city to the annexed territory within three years of 5 10 July 1 of the fiscal year in which city taxes are collected 5 11 against property in the annexed territory. 5 12 Sec. 5. Section 368.11, unnumbered paragraph 5, Code 2003, 5 13 is amended to read as follows: 5 14 Before a petition for involuntary annexation may be filed, 5 15 the petitioner shall hold a public meeting on the petition. 5 16 Notice of the meeting shall be published in an official county 5 17 newspaper in each county which contains a part of the 5 18 territory at least five days before the date of the public 5 19 meeting. The mayor of the city proposing to annex the 5 20 territory, or that person's designee, shall serve as 5 21 chairperson of the public meeting. The city clerk of the same 5 22 city or the city clerk's designee shall record the proceedings 5 23 of the public meeting. Any person attending the meeting may 5 24 submit written comments and may be heard on the petition. The 5 25 minutes of the public meeting and all documents submitted at 5 26 the public meeting shall be forwarded to the county board of 5 27 supervisors of each county where the territory is located and 5 28 to the board by the chairperson of the meeting. 5 29 Sec. 6. Section 368.11, Code 2003, is amended by adding 5 30 the following new unnumbered paragraph: 5 31 NEW UNNUMBERED PARAGRAPH. Within thirty days after 5 32 receiving notice that a petition for involuntary annexation 5 33 has been filed with the board, the board of supervisors of 5 34 each county that contains all or a portion of the territory to 5 35 be annexed shall, by resolution, state whether or not it 6 1 supports the petition or whether it takes no position in 6 2 support of or against the petition. If there is a 6 3 comprehensive plan for the county, the board shall take the 6 4 plan into account when considering its resolution. A copy of 6 5 the resolution shall be immediately filed with the annexing 6 6 city and with the city development board. Failure of a board 6 7 of supervisors to adopt a resolution shall not delay the 6 8 proceedings on the petition nor shall such failure be 6 9 considered a deficiency either in the petition or in the 6 10 annexing city's proceedings. 6 11 Sec. 7. Section 368.25, Code 2003, is amended to read as 6 12 follows: 6 13 368.25 FAILURE TO PROVIDE MUNICIPAL SERVICES. 6 14 Prior to expiration of the three-year period established in 6 15 section 368.11, subsection 14, the annexing city shall submit 6 16 a report to the board describing the status of the provision 6 17 of municipal services identified in the plan required in 6 18 section 368.11, subsection 14. If a city fails to provide 6 19 municipal services, or fails to show substantial and 6 20 continuing progress in the provision of municipal services, to 6 21 territory involuntarily annexed, according to the plan for 6 22 extending municipal services filed pursuant to section 368.11, 6 23 subsection 14, withinthree years after city taxes are imposed6 24in the annexed territorythe time period specified in that 6 25 subsection, the city development boardshallmay initiate 6 26 proceedings to sever the annexed territory from the city. The 6 27 board shall notify the city of the severance proceedings and 6 28 shall hold a public hearing on the proposed severance. The 6 29 board shall give notice of the hearing in the same manner as 6 30 notice of a public meeting in section 368.11. The board may 6 31 order severance of all or a portion of the territory and the 6 32 order to sever is not subject to approval at an election. 6 33However, aA city mayappeal torequest that the boardfor6 34 allow up to an additional three years to provide municipal 6 35 services if good cause is shown.A petition for severance7 1filed pursuant to this section shall be filed and acted upon7 2in the same manner as a petition under section 368.11.As an 7 3 alternative to severance of the territory, the board may 7 4 impose a moratorium on additional annexation by the city until 7 5 the city complies with its plan for extending municipal 7 6 services. For purposes of this section, "municipal services" 7 7 means servicesselected by a landowner to be provided by the7 8city, including, but not limited to, water supply, sewage7 9disposal, street and road maintenance, and police and fire7 10protection, if the provision of such services is within the7 11legal authority of the annexing cityincluded in the plan 7 12 required by section 368.11, subsection 14, for extending 7 13 municipal services. 7 14 Sec. 8. NEW SECTION. 368.26 ANNEXATION OF CERTAIN 7 15 PROPERTY – COMPLIANCE WITH LESS STRINGENT REGULATIONS. 7 16 A city ordinance or regulation that regulates a condition 7 17 or activity occurring on protected farmland or regulates a 7 18 person who owns and operates protected farmland is 7 19 unenforceable against the owner of the protected farmland for 7 20 a period of ten years from the effective date of the 7 21 annexation, to the extent the city ordinance or regulation is 7 22 more stringent than county legislation. Section 335.2 shall 7 23 apply to the protected farmland until the owner of the 7 24 protected farmland determines that the land will no longer be 7 25 operated as an agricultural operation. Any enforcement 7 26 activity conducted in violation of this section is void. 7 27 A "condition or activity occurring on protected farmland" 7 28 includes but is not limited to the raising, harvesting, 7 29 drying, or storage of crops; the marketing of products at 7 30 roadside stands or farm markets; the creation of noise, odor, 7 31 dust, or fumes; the production, care, feeding, or housing of 7 32 animals including but not limited to the construction, 7 33 operation, or management of an animal feeding operation, an 7 34 animal feeding operation structure, or aerobic structure, and 7 35 to the storage, handling, or application of manure or egg 8 1 washwater; the operation of machinery including but not 8 2 limited to planting and harvesting equipment, grain dryers, 8 3 grain handling equipment, and irrigation pumps; ground and 8 4 aerial seeding and spraying; the application of chemical 8 5 fertilizers, conditioners, insecticides, pesticides, and 8 6 herbicides; and the employment and use of labor. 8 7 For the purposes of this section, "protected farmland" 8 8 means land that is part of a century farm as that term is 8 9 defined in section 403.17, subsection 10. "County 8 10 legislation" means any ordinance, motion, resolution, or 8 11 amendment adopted by a county pursuant to section 331.302. 8 12 Sec. 9. IMMEDIATE EFFECTIVE DATE. This Act, being deemed 8 13 of immediate importance, takes effect upon enactment. 8 14 8 15 8 16 8 17 CHRISTOPHER C. RANTS 8 18 Speaker of the House 8 19 8 20 8 21 8 22 MARY E. KRAMER 8 23 President of the Senate 8 24 8 25 I hereby certify that this bill originated in the House and 8 26 is known as House File 595, Eightieth General Assembly. 8 27 8 28 8 29 8 30 MARGARET THOMSON 8 31 Chief Clerk of the House 8 32 Approved , 2003 8 33 8 34 8 35 9 1 THOMAS J. VILSACK 9 2 Governor
Text: HF00594 Text: HF00596 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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